§ 25A-4. Household income and eligibility standards.

(a) The County Executive must set and annually revise standards of eligibility for the MPDU program by regulation. These standards must specify moderate-income levels for varying sizes of households which will qualify a person or household to buy or rent an MPDU. The Executive must set different income eligibility standards for buyers and renters. The Executive may set different income eligibility standards for buyers and renters of higher-cost or age-restricted MPDUs, as defined by regulation.

(b) In establishing standards of eligibility and moderate-income levels, the Executive must consider:

(1) income levels relative to area median income; and

(2) household size and number of dependents.

(c) A household that rents an MPDU and lawfully occupies it when the MPDU is offered for sale may buy the MPDU, regardless of the household’s income at the time of sale, if the household met all eligibility standards when the household first rented the MPDU.

(d) A household that rents an MPDU after meeting all eligibility standards may continue to occupy the MPDU for the term of the lease even if the household ceases to meet the income eligibility standards.

(e) A household that buys an MPDU after meeting all eligibility standards may retain ownership of the MPDU even if the household ceases to meet income eligibility standards during the time that the household owns the MPDU.

(f) To be eligible to buy or rent an MPDU other than an age-restricted unit, members of a household must not have owned any residential property during the previous five years. The Director may waive this restriction for good cause. (1989 L.M.C., ch. 27, § 1; 1994 L.M.C., ch. 29; , § 1; , § 1; , § 1.)

Editor's note—2004 L.M.C., ch. 29, § 2, states in part: "The amendments to Chapter 25A made by Section 1 of this Act which extend the control period for sale and rental MPDUs do not apply to any MPDU for which a sale contract or rental agreement was signed before April 1, 2005."